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Home My WebLink About00-02929 " " " LISA MILLER, :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA 'Is. :NO. 00 - .:l.9:J.9 CIVIL TERM CLARENCE EDWARD MILLER, Defendant :PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set fo~th in the following pape~s, you must appear at the hearing scheduled herein, If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particula~, you may be evicted from your residence and lose other important rights. A hearing on this matter is scheduled for the IK~ May, 2000, at 1f:<{5 n .m., in Courtroom NO,--'- of the Courthouse, Carlisle, Pennsylvania. day of Cumberland County You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000,00 and/or up to six months in jail under 23 Pa,C,S. 66114, Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code, Unde~ federal law, 18 U.S.C. 62265, this Order is enforceable anywhere in the United States, tribal lands, U,S, Territories and the Co~onwealth of Puerto Rico, If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. 62261-2262. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELD. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing. ~ ~ -,.- ~ .-- '" --,~ "",-,-- if' Lisa Arlene Miller, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. Clarence Edward Miller, Defendant : No. : CIVIL ACTION - LAW : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Clarence Edward Miller Defendant's Date of Birth is: June 5,1970 Defendant's Social Security Number is: 160-62-7563 Name(s) of All protected persons, including Plaintiff and minor children: 1. Lisa Arlene Miller AND NOW, on 10th Day of May, 2000 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiffs request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. " .,,1) ~.,... . Defend t shall pay $ 0,00 to reimbu e one ofLe I Services, I .'s funding so ces for the Ii . ation of this c e. . Defendant sh not damage destroy any 0 her dog or jointly owned proper , 3. A certified copy ofthis Order shall be provided to the police department where Plaintiff resides and anY' other agency specified hereafter: Mid Cumberland Valley Regional and Carlisle Police Departments. ,-,i I I i I 1 :.1 :1 :1 I " I :1 I , " :1 :1 I , I I I I i i I I " I I 'I I I I i , 4. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served, The Prothonotary is directed to file this Petition and Order without prepayment of costs. 5. THIS ORDER APPLIES IMMEDIA TEL Y TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL MAY 10, 2001 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING, NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. S6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C,S, S6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. SS2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraph I of this Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence oflaw enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. 7"Jl~o/11 . Iv!, l fl.l 2..C)e, 0.._ , Jriage Date Distribution to: . ~, -,,-- ~ . ~, liii;Iiiio FI' Ej-''''~-J:: C')i=' TI-"""'- ;h' ....Ih fCe . ,,:e:, :+'~TI-!n,v-,'ri\l"y ...1, '....l!nll 00 "li"" II /'1 "~I RN fO: I 9 C!,,\p''',t->-_. UJhi:Jf"Fb /",'-. .. :; ~'M/"\i \L) ('r"J\f7" PEIIJNSY/.1,i,4i::; J I, '( sf/t?cJ ~ ~ z; A:: S. ..fJn/&() ~ ~ cI-:l~ t: s.P. ~ ' ,.... """""...",.- _,~~""'".~_~ .~. ,T,__.T ""_.,.",,_~~~~.llt!!~~_M,,j'Iliil~~~Mm....p..,l- ,~I.~ Legal Services Faxed & Mailed to PSP " :1 , , J i , I , , , Lisa Arlene Miller, Plaintiff v, Clarence Edward Miller, Defendant PFAD Number: YLl086507X : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : No. : CIVIL ACTION - LAW : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is: Lisa Arlene Miller 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Lisa Arlene Miller 4. Plaintiff's Address is: 175 Brown Rd" Shippensburg, PA 17257 5. Defendant's Name is: Clarence Edward Miller 6. Defendant is believed to live at the following address: 175 Brown Rd. , Shippensburg, P A 17257 7. Defendant's Social Security Number is: 160-62-7563 8. Defendant's Date of Birth is: June 5, 1970 9, Defendant's Place of employment is: Claremont Nursing Home 10. Defendant is an adult. II. The relationship between the Plaintiff and the Defendant is: Spouse 12. The defendant has not been involved in a criminal court action. 13. The facts of the most recent incident of abuse are as follows: On about Sunday, April 23, 2000 location: 175 Brown Road, Shippensburg, Pennsylvania During an argument, Defendant forcefully placed his forehead against Plaintiff's head, pushing her back. When Plaintifftried to get away, Defendant grabbed her by the throat, threatened to break her neck, and shoved her across the room. 14, Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: On or about May 7, 2000, Defendant called Plaintiff names and threatened that she would be sorry if she did not do as he said causing Plaintiff to fear for her safety, On or about January 2000, Defendant shoved Plaintiff, grabbed her with one hand around her throat, and while squeezing her throat he threatened, "Don't question me; just do as you're told." In the past, Defendant has also thrown things at Plaintiff and has beaten her dog with his fists on several occasions. Her pet is so afraid of the defendant that he shakes and wets on the floor when Defendant comes near him, 15, The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Mid Cumberland Valley Regional and Carlisle Police Departments, 16. There is an immediate and present danger of further abuse from the Defendant. 17. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a, Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. Order Defendant to pay the costs of this action, including filing and service fees. c. Order the following additional relief, not listed above: 'I~ "-_CO,,,",, ,",', '" -- -- ~- - ~ - payriIent 0($250.00 to reimburse one of Legal Services, Inc.'s funding sources for tlue litigation of this case. - No destruction or damage of Plaintiffs property and her dog or any jointly owned property, d. Grant such other relief as the court deems appropriate. e. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully Submitte~ ~y:~y Agency: LEGAL SERVICES, INC. / VERIFICATION ;-j ',I ~i :1 " " !I II :1 !I I' I verify that I am the Plaintiff as designated in the present action and that the facts and statements contained in the above petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Dated: s:l q \ DO ~~l.~ Lisa A. M ller, Plaintiff Ii II II I !I i I I 'I il i' ,j I I :1 , I I I I l I I II ;1 :j Ii I' ! 1i~,.,;;..1 ,. 1..- -'~"'Mii.!fl1tlll.tr.:t-j~llrnr_kMI!Il1l1i.l"'_if""~~~Mi11~- , ~~~~ (") c:: -o,~~. [J] rr; ~~ i~? c~__,.;. s? ,~~; ff~Q ~~ ~ ~ ~-1_ Co ;-1 i C) ~J :J: ~ '"" G -", :.:;j i",~ )i[~ () I :',"'9 (~::rJ 'I,'",') (')i"r-, .il ""'" - ~- ~::-r4 :'4: ~~) :;;- 05/11/00 " THU 10:09 FAX 717 240 6573 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT ~'~~Wllli,b CUMB CO PROTHONOTARY ~001 '- ********************* *.* TX REPORT ..* ********************* 00 - Q}q;L9 1855 92490779 05/11 10: 04 05'19 10 OK Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA VB. CLARENCE EDWARD MILLER, Defendant :NO. 00 - .('i'~9 CIVIL d,/ NOTICE OF HEARING AND ORDER Y"\ YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose . other important rights. :PROTECTION FROM ABUSE A hearing on this matter is scheduled for the Ig~ May, 2000, at ff:'I5 /1 .m., in Courtroom No.~ of the Courthouse, Carlisle, Pennsylvania. day of Cumberland County You MUST obey the Order that is attached until it is modified or terminated by the court after notice and bearing. If you disObey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. 16114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 12265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of tbe state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. 12261-2262. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELD. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERT~.1lVENUE ","-- CARLISLE, .PENNSYLVANIA 17013 \ TELEPHONE NUMBER; (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ]j, , 05/l8/00 THU l4:29 FAX 717 240 6573 . """"'"-,, CUMB CO PROTHONOTARY 1i!I00l TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT $******************** .*. TX REPORT ... ********************* OO-f}.'16l.7 l871 92490779 05/l8 14: 26 02'57 5 OK , i , , I I I i I I I i I I I ! r - - SHERIFF'S RETURN - REGULAR CASE NO: 2000-02929 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MILLER LISA VS MILLER CLARENCE EDWARD TREVOR KENT , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon MILLER CLARENCE EDWARD the DEFENDANT , at 0010:00 HOURS, on the 12th day of May , 2000 at CLARMONT NURSING HOME CLAREMONG ROAD CARLISLE, PA 17013 by handing to CLARENCE MILLER a true and attested copy of PROTECTION FROM ABUSE together with NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER, PETITION and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 So Answers: f:;{J~':Ifi,.~~~t R. homas Kline 05/12/2000 " S~brn and Subscribed to before By: ~ flfJL t6J r- Deputy Sheriff ~e this 1(, ~ day of .~ :J-,J-/fO Ot' o 71vl/h rothonotary A.D. -~. , ---~ ~~ ~- ~.",-,-i. 0, ~;; . ~ Lisa Arlene Miller, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v. Clarence Edward Miller, Defendant : No. 00-2929 : CIVIL ACTION - LAW : PROTECTION FROM ABUSE FINAL ORDER OF COURT Defendant's Name is: Clarence Edward Miller Defendant's Date of Birth is: June 5,1970 Defendant's Social Security Number is: 160-62-7563 Name(s) of All protected persons, including Plaintiff and minor children: I. Lisa Arlene Miller AND NOW, this 16th Day of May, 2000 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: Pursuant to consent of the parties, which does not constitute Defendant's admission to the averments of abuse in the petition. The following order will be entered: Plaintiff's request for a fmal protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected person in any place where they might be found. 2. The following additional relief is granted as authorized by S6108 of the Act: - Defendant shall not damage or destroy any of Plaintiff's property including her dog or jointly owned property. -Defendant shall not harass Plaintiff's relatives. The court costs and fees are waived. . , ,., RLED-OfFICE nr,- '):',1nT~.j/)NnTAO:Y '"' 1.,'"._' .\.."",H"'\ri On '" '" I "7. \ V n!J~, i ~"'ll' c. L rill . d't (' ".''''1 ,..,.. "-"I'TY ",-,uJVI!:;t.dJ',i\U L,Uu '''J r)ENl\lSYU/l,NI.A ,-~- ~ ".,c. '"",c. .'1_,', T''''~ ...... ;,~~~"~r~~~tl!il!~8~ftI!lia.'~ij\'!!'iffillID!im'l!i'~>lilIii~['i?'!l!i ,_I~I.j\ . <. 3. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Mid Cumberland Valley Regional and Carlisle Police Departments. 4. THIS ORDER SUPERSEDES: 1. ANY PRIOR PFA ORDER 5. All provisions of this order shall expire on: May 16,2001 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. ~6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENAL TIES UNDER THE PENNSYLVANIA CRlMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRlBAL LANDS, U.S. TERRITORlES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. ~2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAYBE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C ~~226l- 2262. IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE ORDER, YOU MAYBE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 U.S.c. ~922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENT OFFICIALS The police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located, shall enforce this order. An arrest for violation of Paragraph 1 of this order may be without warrant, based soley on probable cause, whether or not the violation is committed in the presence of the police. 23 Pa.C.s. ~6l13. Subsequent to arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the protection order or during prior incidents of abuse. The shall maintain possession of the weapons until further order ofthis Court. When the defendant is placed under arrest for violation of this order, the defendant shall be taken to the appropriate authority or authorities before whom defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR the plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, the defendant shall be arraigned, bond set and both parties given notice of the date ofthe hearing. . , . ,~~.,_. .--., ~".' . BYTHE CO~: JJI ' J]JJ&/.. OJ{, r &;uw~ d J. WeSley~,li: - .5-1$"-00 IJ. 'K'K'S 1\1 J '\ 117, 2..1:> o'C) Date If entered pursuant to the consent of Plaintiff and Defendant: ~~ Q. \\!tJlv Lisa Miller Plaintiff oan Carey Attorney for 8 Irvine Row Carlisle, PA 17013 Distribution to: Legal Services Faxed & Mailed to PSP df' d-X Clarence Miller Pro Se Defendant